Wrongly convicted!
by Ann Murry
Summary: Festus and Newly find themselves on the other side of the law after Jesse Dillard escaped. ATC for Jesse II
1. Chapter 1

Newly watched from a distance as Carpenter and his men buried Jesse Dillard in a simple grave marked with a hand made wooden cross.

Afterward, the trail boss said a few words before shaking Festus hand and bidding them goodbye.

"If ever you're in Denver," he said with a smile. "Look me up."

"Yes, sir," Festus replied quietly. "I'll do just that."

Later that night, they made camp and Newly warmed up some stew that Mr. Carpenter had given them for the journey home.

He knew Festus was hurting from the death of his friend but Newly didn't know what to say or do to make the pain of his loss bearable.

"Sure was a nice service," Newly said trying to make small talk. "Have something to eat."

"Much obliged, Newly," the hill man said sullenly. "Just not hungry."

"Well," Newly said with a slight smile. "We'll be in Dodge tomorrow, you'll be hungry by the time we get off this trail."

Festus nodded meekly. "Think I'll just turn in."

"Alright," Newly said watching the hill man unravel his bedroll.

"You know," Newly said evenly. "It wasn't your fault."

But Festus only nodded as he laid on top of his wool blanket. His mind wandered back to the night before and what he could have done differently. If only he had tried to stop Jesse from leaving that hotel room. Even though his old friend had a gun provided by that weasel hotel clerk, Festus never thought for one moment that Jesse would actually use it, especially on him. And truth be told, a small part of Festus did want to see Jesse get away. He didn't deserve to be in that prison and if it hadn't been for the badge he wore, Festus was quite certain, he would have helped Mr. Carpenter take Jesse to Mexico like he wanted to.

(Dodge)

Matt stopped his horse in front of the jail early the next morning and climbed down.

Brushing himself off, he undid his saddle bags and stepped up onto the boardwalk.

"Burke," he said opening the door to the jail to find the fright office manager sitting behind the desk. "What are you doing here? Where's Festus and Newly?"

"Aren't they with you?" Burke asked looking beyond the Marshal.

"No they're not," Matt said quickly putting his saddle bags on the table. "They should have been back days ago. We split up in Tribune, I went to Hayes and they were supposed to come back here to Dodge!"

"I don't know, Marshal," Burke said shrugging his shoulders. "I've been here the whole time since you left."

Newly sighed deeply as they broke camp the next morning and Festus still hadn't said more than just a couple of words.

"If it makes you feel any better," Newly said. "I think that hotel clerk will stand trial for murder."

"I hope so, Newly," Festus said with a nod as they packed their horses for the trip back to Dodge.

"Sure will be good to get back," Newly stated with a broad smile. "Although, I'm not so sure the Marshal's not going to get back before us."

"Yeah," Festus said worriedly. "I was a thinkin the same thing."

Matt pivoted on his heel and headed for the door as Burke followed. "Where could they be?" he asked following Matt to the telegraph office.

"I don't know but I'm going to try to find out," Matt said stepping inside.

When he emerged a short time later, he was no closer to solving the mystery of his two missing deputies and it agitated him more than he wanted to let on.

Having dismissed Burke since he was back to take over, all the Marshal could do was wait for word on where Festus and Newly might be.

Entering the Long Branch, Matt nodded at Kitty and Doc as they sat around their usual table.

"Well," Kitty said jovially. "We was just sitting here wondering when you boys were going to get back."

"Where's Festus and Newly?" Doc asked looking toward the doors.

"That's what I'd like to know," Matt said tipping his hat up. "They both should have been here long before me."

"What do you mean?" Kitty asked the concern in her voice evident.

"I mean, we split up in Tribune," Matt said taking a seat. "I told Newly to head back to Dodge and I went on to Hayes. I'm back and yet, they're not!"

"Where could they be?" Doc asked just as concerned now as Kitty.

"I have no idea," Matt replied honestly as Barney rushed into the saloon and stopped at his side.

"Telegrams for you Marshal," he said passing Matt two pages of messages.

"Thanks, Barney," Matt said taking the papers before Barney headed out the doors again.

"Matt," Kitty asked as she watched the expression on Matt's face change. "You look worried?"

"Well," Matt said up. "I don't know if I should be or not. According to this, Festus and Newly left Tribune the same day I did. And according to the other message, a US Marshal from Unionville was shot and died in Lovelock."

"Isn't that on the way here from Tribune," Doc asked sitting up straighter in his seat.

"Yeah," Matt said reading the telegram. "It says, an escaped convict named Jesse Dillard was involved."

"Does it say who the Marshal was?" Kitty asked worriedly.

"No it don't," Matt said getting to his feet. "I'm going to send another wire about this and try to find out what's going on!"

"Good idea," Doc said with a worried nod.


	2. Chapter 2

"We should be in Dodge by night fall," Newly said as he climbed onto his horse and Festus climbed up onto Ruth.

It would be good to get home Festus thought at first but then there were so many unanswered questions about Jesse and what happened that he was going to have to explain to Matthew.

And it just felt like rubbing salt into an already festered wound. He just didn't know if he had it in him to continue working to up hold the same law that for some reason had let Jesse down.

Matt headed over to the telegraph and sent off an inquiry about the dead Marshal and was relieved when he finally learned that the man who had been killed wasn't Festus or Newly. But, it still begged the question, where were they and had they some how been involved.

He would just have to wait until they got back to find out what happened but then again, maybe he wouldn't.

"Here's the rest, Marshal," Barney said handing him the completed reply.

"Thanks Barney," Matt said reading over the telegram. "I'll see you later."

Barney shook his head as Matt left the office and headed over to the jail.

"Doc," he said stepping inside to find the physician seated at the table in the middle of the room. "What are you doing here?"

"Come to be nosey," Doc said putting his paper down. "Any news about Festus and Newly?"

"Yeah," Matt said tossing the telegram onto the table in front of the Doctor. "You could say that?"

Doc picked up the paper and read it before looking at Matt. "Is this real!"

"Yep," Matt said taking a seat behind his desk. "Came from the US Marshal service."

Later that night, dusty from the ride and dog tired, Newly stopped his horse at Dodge's stable and slid off as Festus did the same.

"I think," Newly said stretching his back before looking around. "That it'll be days before I'll even want to look at another horse again."

"Sure was a long ride," Festus said unsaddling Ruth. "I'm plumb tuckered out."

"C'mon over to the Long Branch and I'll buy you a beer," Newly replied patting the hill man's back.

"I don't think..." Festus said as Newly wagged his finger in his face.

"I'm not taking no for an answer, Festus," he said evenly. "Besides, the Marshal's going to want to hear what happened, don't you think."

"I think so," Matt said stepping into the livery. "Heard you boys had some trouble on the way home."

"You could say that, Matthew," Festus replied quietly.

"Alright," Matt said stepping aside. "Let's head over to my office and talk about it."

Festus followed slowly behind Matt and Newly as the younger deputy started filing Matt in on what had taken place the last week.

By the time the Marshal opened the door to the jail, Newly had gotten to the part where he had gone downstairs to inform Mr. Carpenter that Jesse had a gotten away.

"I don't know what happened after that," Newly said turning back to look at Festus.

"Festus," Matt said watching as the hill man took a seat at the table. "You want to tell me what happened?"

"Not much to tell," Festus said so softly, Matt strained to hear him.

"What do you mean," Matt said crossing his arm. "I have to know what happened in that room, how did it happen that Dillard got away?"

"The clerk gave him the gun," Festus said quietly. "But I let him get away."

"That's not what happened! It was all a set up, Marshal," Newly interjected while looking down at Festus. "The clerk did it to get the one hundred dollar reward money that was being offered for Jessie's capture."

"That's shore enough true, Matthew," Festus replied looking up. "But I didn't do nothing to stop Jessie from a leavin. I wanted him ta go! I knew he'd never shoot me and if in I wasn't wearin this here badge," he said unpinning it from his vest. "I woulda went right along with him."

Handing the badge to Matt, the hill man stood up and headed for the door before Matt stepped in front of him.

"Do you know what your saying," Matt said gently. "A US Marshal is on his way here right now to investigate what happened. If you tell him what you just told me, at best you could be charged with dereliction of duty, at worst aiding a known convict for escape."

"I'm not lying ta nobody," Festus said looking back at Newly. "That's how it happened, Newly didn't have nuthin ta do with it and I won't have Jessie's name soiled anymore than it already is."

Matt clinched his jaw as the hill man angrily left the jail.

"He ain't thinking straight," Newly said thoughtfully.

"I know," Matt replied watching Festus walk down the boardwalk back toward the livery. "That's what worries me."


	3. Chapter 3

Doc stepped out of the Long Branch just in time to watch Festus take off out of the jail and head back toward the livery.

Walking over to the jail the Doctor opened the door and nodded as Matt looked up from his desk.

"Doc," the Marshal said as the older man's eyes fell on Newly who was seated at the table with paper and a pencil.

"About time you two got back," Doc said taking a seat at the table. "What happened anyway? Where you been?"

"It's a long story, Doc," Newly said looking up from writing a statement.

"And what about, Festus," Doc said looking over at Matt. "I just seen him take off out of here."

"Well," Matt said evenly. "Festus is having a hard time not blaming himself for what happened."

"Well," Doc said looking back at Newly. "Are you going to tell me what happened or do I have to guess?"

Newly grinned as he shook his head and finally filled the physician in on what had transpired the last week.

Afterward, Doc swiped his mustache before he spoke. "Well," he said looking from Newly to Matt. "Someone should go talk to him."

"Be my guest," Matt said leaning back in his seat. "We already tried."

"Alright," Doc said getting to his feet. "I will! He'll listen to me!"

Festus walked into the stable and headed for the tack room that he used as his living quarters.

Louie smiled as he feed Ruth an apple when the hill man walked by.

"Festus," he said slowly. "I didn't know you was back till I saw Ruth here."

"Yeah," Festus said opening the door to his room. "We're back alright."

Stepping inside, he shut the door behind him and looked around. His whole life since arriving in Dodge was summed up in this one little room and suddenly, he felt quite claustrophobic.

Nervously opening the door, he walked to the end of the room and retrieved a half a bottle of whiskey.

Uncorking it, he took a swig of it before taking another even longer one.

Putting the bottle down, he sat down on his cot and closed he eyes but as soon as he did, all he could see was Jesse's face after he died.

Opening his eyes, the hill man took another drink from the bottle as he tried to get the image out of his mind.

"Festus," Doc said entering the stable.

"He's in there," Louie said pointing toward the tack room.

Doc shuffled over to the opened door and poked his head inside. "Mind if I come in?"

"Yeah," Festus said abruptly. "I do mind!"

"Why," Doc said stepping inside the room. "Because you don't want to talk about what happened to your friend?"

"His name was Jesse!" Festus yelled angrily. Although why he was so mad, he really didn't know.

"Alright," Doc said with a nod. "You want to tell me what happened with Jesse?"

"No! I don't," Festus said standing up. "I already done tole Matthew what happened. Why I need ta tell you!"

"I just figured you needed someone to talk to, that's all," Doc said evenly.

"Wal, I don't," Festus replied agitated. "Specially, no quack, quack like you."

Doc saw the bottle lying on the cot and the flushed face of the scruffy looking hill man before tugging on his ear. "Hitting that bottle ain't going to make the pain go away, Festus. All it's going to do is make it worse."

"Get outa here, Doc," Festus said angrily advancing on the physician. "Leave me alone!"

"Why!" Doc hollered. "So you can drink yourself into a stupor? Do you think that'll bring your friend back or make you stop blaming your self!

"I told you! His name is Jesse!" Festus yelled grabbing the bottle, he shoved Doc out of the way as he took Ruth's reins and pulled the mule toward the door.

Louie watched the hill man climb onto the mule and take off before rushing to where Doc was brushing himself off.

"You alright, Doc?" Louie asked as the older man nodded. "I ain't never saw Festus like that before!"

"Well," Doc said nodding. "I haven't either."

Shaking his head, he left the livery and headed back toward the jail.

Festus turned Ruth toward the south and headed out of town. Stopping at a pond that he frequently fished at, he slid off of Ruth and tethered him to a log before taking a seat in front of it.

At least here, he could be alone with his thoughts and free from having to talk about Jesse or having someone try and talk to him about how he felt!

"Well," Matt said from the boardwalk in front of the jail as Doc stopped in front of him.

"Well, what?" Doc said scowling at the tall man.

"Did you talk to Festus?" Matt asked gruffly.

"All about two minutes before he shoved me out of the way and took off who knows where," Doc replied looking south. "I don't mind telling you, Matt. I haven't ever seen him as angry as he is right now."

"I know," Matt said with a sigh before taking the reins of his horse from the post in front of the jail.

"Where you going?" Doc asked as Matt climbed onto his horse.

"I'm going after him," the Marshal replied. "I have to detain him until this investigation is over."

"Well," Doc said swiping his mustache. "Be careful, the state of mind he's in, he could do anything!"


	4. Chapter 4

After Festus finished the whiskey, he tossed the empty bottle away before struggling to his feet.

But he sat back down hard before taking a step as his empty stomach rebelled the onslaught of hard alcohol.

Suddenly, he was leaning over a dry log retching and throwing up everything in his stomach.

Matt check a few of the usual places that Festus usually liked to go before spotting Ruth tied up at the pond and the hill man slumped over next to the mule.

A cold chill ran down Matt's spine as he rushed to Festus side but it quickly abated when he realized his friend wasn't hurt but passed out drunk.

Grabbing his canteen, the Marshal opened the container and poured the water inside over the hill man's face.

"C'mom," Matt said pulling the deputy to his feet. "Let's get you back to Dodge!"

Matt got to his feet as Doc stepped out of his spare room and closed the door behind him.

"Is he awake," Matt asked as Doc shuffled over to the stove, the stethoscope around his neck moved from side to side with each step.

"Not yet," Doc replied helping himself to a cup of coffee.

"I need to talk to him as soon as he does," Matt said frustrated.

"I don't think that's a good idea, Matt," Doc said before taking a sip of coffee.

"Why?" Matt replied looking slightly confused. "He was just drunk?"

"It's more than that," Doc said walking to his desk, he took a seat in his chair before looking down at the medical text book on his desk. "I've seen solders on the field react in the same way Festus has."

"I don't understand what your telling me?" Matt said taking the seat next to Doc's desk.

Doc leaned back in his chair and Matt could see by the look on the physician's face that he was deep in thought.

"It's something like, battle exhaustion but basically, it's the human response to trauma," Doc said slowly. "Festus is having a hard time dealing with his friends death and the guilt associated with it so his mind is just shutting it out."

"But, he's witnessed shootings before and death," Matt replied meeting Doc's eyes. "Why is this any different?"

"Because it was someone he knew or was close to," Doc replied. "I don't know for certain but it could also be from the guilt he felt over his friends death. He could just as easily react this way if it had been you or I that had been killed."

"Well," Matt said evenly. "What are you going to do about it?"

"Do?" Doc replied quietly. "Matt, this isn't like a bullet. I just can't take it out and he'll be fine. There's nothing I can do, his mind just has to work though this."

Matt pursed his lips before he nodded. "I know what your saying, but I've got a US Marshal that's going to be coming here to question Festus about Halstead's murder. He's going to want to talk to him."

"As I said, I don't think..." Doc stated but trailed off when he head a scream from the other room.

Doc was on his feet and moving before Matt was aware of what was going on.

"Let me handle this, Matt," he said as the Marshal followed him into where Festus was sitting straight up in the bed.

"Jesse!"

"Festus," Doc said taking seat next to the hill man.

"I got to go see Jesse," Festus said throwing back the covers as Doc grabbed his shoulders.

"I know you do," Doc replied soothingly. "And you will but not right now. Right now, you need to rest."

"Can't," Festus said pulling away from the physician. "Jesse needs ma help!"

"Alright," Doc said with a slight nod before reaching for a glass on the night stand. "But before you go, just drink this first. It'll make you feel better."

Festus took the glass and downed the liquid in one gulp before handing the glass back to Doc.

"That's fine," Doc said wrapping his fingers around the hill man's wrist. "Now you can go."

Festus nodded and started to swing his legs to the side of the bed before slumping against the physician.

Doc gently maneuvered his patient back into bed before taking out his pocket watch and looking up at Matt.

"You can come in now," Doc said checking Festus pulse again. "He's out."

"What'd you give him?" Matt asked curiously.

"A sedative," Doc said putting away his pocket watch. "I figured he'd try to leave when he woke up so I had to be ready."

"Doc," Matt asked watching his friend sleep. "How long before he's back to normal?"

"I can't answer that, Matt," Doc replied quietly drawing the covers up to Festus chest. "It could be awhile, if ever."


	5. Chapter 5

Newly entered Doc's office just as Matt stepped out of Doc's spare room.

"Marshal," he said looking at Matt. "Marshal Abbott from the US Marshal service just rode into town."

"Thanks Newly," Matt said worriedly. "Where's he at?"

"Burke showed him to the Dodge house," Newly replied looking beyond the Marshal to Doc as he followed Matt out of the room. "How's Festus?"

"Not good Newly," Doc said swiping at his mustache. "I wanted to ask you a few questions about what happened."

"Alright," Newly said evenly.

"You said, you came upon Festus holding Jesse after he'd been shot?"

"Yes, sir," Newly replied quietly. "Jesse died in his arms."

"Did Festus witness the shooting?" Doc asked thoughtfully.

"I'm not sure but the alley where Jesse was shot, the back door to the hotel where Festus came from looked over the alley way. So it's possible he did."

"And couldn't do anything to stop it," Doc continued.

"What's wrong with him?" Newly asked concerned.

"He's in a deep shock," Doc said tugging on his ear lobe. "As I explained to Matt, the shock of Jesse's death and his own guilt over what happened has put his mind into a state of shock not unlike soldiers experience in the field."

"Shell shock?" Newly said with a nod. "I hadn't thought about it till now but the whole way home, he barely said anything to me, he wouldn't eat and I don't know if he even slept. I wish I had known sooner."

"There wouldn't have been anything you could have done for him," Doc replied. "I only know of one thing that's been tried to make a person recover from something like this."

"What?" Matt said meeting Doc's eyes. "I thought you said, there wasn't anything to do?"

"It's tricky Matt and there's only one person I would actually trust to pull him out of this," Doc said evenly.

"What is it?" Matt asked again.

"Hypnosis," Doc said sternly.

"Wait," Matt said watching as Doc took a seat at his desk. "Are you telling me that the only person that might be able to help Festus is that crazy Doctor Schultz!"

"The very one," Doc replied with a nod. "If he wasn't in prison that is."

Matt sighed in frustration before turning back to Newly. "I'm going to go speak to Marshal Abbott first. I'll let you know when he'll want to speak to you Newly."

"Yes, sir," Newly said as Matt looked at Doc. "Do what you can for him Doc."

"I will, Matt," Doc replied with a heavy sigh. "But you're going to have to tell that Marshal, Festus isn't going to be able to give him any information at the present time."

"Alright," Matt said with a nod aimed at Newly. "We'll talk later!"

Matt left Doc's office and headed over to the Dodge house as Doc turned back to Newly.

"Will you send a telegram for me Newly," Doc asked as the younger man nodded.

"Thank you," Doc said picking up a pencil and a piece of paper. "I'm going to wire the prison where Herman is located, perhaps he can offer some ideas if nothing else because at this point, I really don't know what else I can do for Festus!"

Matt asked the clerk which room the Marshal was in before bounding up the stairs and knocking on the door.

A portly middle aged man with a cigar in his mouth, greeted the Marshal of Dodge.

"Marshal Abbott," Matt said extending his hand as the other man shook it.

"You must be Dillon," Abbott said with a nod. "Come in."

Matt stepped inside and took off his hat as he turned to face the shorter lawman.

"I just came to tell you my deputy's are ready to answer any questions you have regarding Marshal Halstead's death. I also need to make you aware that one of my deputy's is suffering from severe shock over this incident and Doctor Adams isn't so sure your going to be able to get much out of him."

"Shock you say," Abbott replied evenly. "I haven't heard of that before."

"The man that Marshal Halstead was after, was a personal friend of this deputy and it appears he's blaming himself for the man's death which has lead to his condition," Matt said evenly. "We are looking for ways to bring him out of it."

"Look Dillon," Abbott said taking the cigar out of his mouth. "I only know you by reputation so if this is some kind of attempt to keep me from talking to your deputy's, it isn't going to work. Understand!"

"I assure you Marshal," Matt said sternly. "My deputy's have nothing to hide but you'll have to get past Doc Adams to talk to Festus and I don't think even the devil himself could do that!"


	6. Chapter 6

Kitty smiled as Newly stepped up to the bar. "Can I get you a beer stranger?"

"No, thank you," Newly said with a slight smile. "I don't have time. I have to send off a telegram for Doc. And I just came by to tell you that Doc wants to know if you can go up to his office later and sit with Festus."

"Of course," Kitty said gently. "Doc must be exhausted by now."

"Yes ma'am," Newly replied. "It hasn't been easy on him taking care of Festus."

"He's really worried about him," Kitty said worriedly.

"I suppose that's part of the job," Newly said quietly.

"Yes," Kitty replied with a nod. "I guess it is."

Doc shuffled over to the stove and poured himself another cup of coffee. As tired as he was, he couldn't take the chance of falling asleep if someone wasn't there to keep an eye on Festus. In his state of mind, he could do anything, Doc thought worriedly.

Opening the door to the spare room, he peeked inside and nodded as the hill man snored softly from the bed.

Satisfied that the sedative he'd given him earlier was still working, the physician took a seat as his desk to wait for Newly to bring a reply to his telegram.

But his eyes got heavier by the minute and before he knew what happened, Doc put his head on his arm to rest for just a minute and fell asleep.

Matt walked out of the Dodge House with Marshal Abbott beside him. "O'Brien wrote a statement about what happened that covers his part as well as deputy Haggen's."

"Why didn't Haggen write it himself," Abbott asked chewing on the end of his cigar.

"Festus can't write," Matt replied evenly as Abbott nodded.

"Well, that will have to do until I've had a chance to interview them," Abbott said following Matt into the jail.

Doc awoke with a start after realizing he had fallen asleep. His head jerked suddenly toward his front door as he noticed it was standing wide open as well as his spare room door.

Rushing to the spare room, he looked inside and found the bed empty before leaving his office.

"Newly," Doc said at the bottom of his stairs as the younger man was coming back from the telegraph office. "I fell asleep, Festus is gone!"

Newly looked up in time to see a familiar figure opening the door to the jail as he put his hand on Doc's shoulder. "The jail," he said. "Let's go!"

"Here it is," Matt said handing the paper from his desk to the Marshal. "As I said, Newly and Festus did everything by the book. Halstead is dead only because one of Carpenters men went after him."

"That may be true, Dillon," Abbott said scanning over the written statement before putting it down. "But, they let a known convict get the best of them which resulted in his escape and eventual death. There's no excuse..."

Abbott stopped as the door to the jail opened and Matt looked up to see who was coming inside.

Abbott chewed on the end of his cigar as a disheveled man dressed in dark blue pants with just a white long sleeved shirt walked in carrying a gun.

"Festus!" Matt said in surprise as the bare foot hill man ran at Marshal Abbott.

"Tell me where Jesse is?" Festus yelled pinning the Marshal against the closed door that separated the cells from Matt's office.

"Festus," Matt said again before grabbing the hill man by the shoulders. Spinning him around, Festus meet Matt's eyes before he collapsed in a heap at Matt's feet.

"Who is that!" Abbott yelled as Matt took Festus gun from his unconscious hand.

"This is deputy Haggen," Matt said as Newly and Doc both entered the jail together.

"I'm sorry," Doc said looking quite apologetic before going to the hill man's side. "I guess, I feel asleep and when I woke up he was gone."

"It's alright, Doc," Matt said with a slight nod.

Newly," Matt said stepping back. "Help Doc get Festus back up to his office."

"Is that the man you were telling me about?" Abbott said watching Newly get Festus to his feet.

"Yes," Matt said evenly.

"That man should be locked up some where," Abbott yelled angrily. "Why, he's insane!"

"How dare you!" Doc said angrily shooting the man a dirty look. "He's sick, not insane!"

"He just tried to kill me!"

"Not likely," Doc said looking at Matt. "I had Newly empty Festus gun after you brought him back from the pond."

"But he didn't know that!" Abbott said angrily chomping on his cigar.

"That's right," Doc retorted. "Because he's sick!"

"We'll see what a judge has to say about this, Doctor!"


	7. Chapter 7

Kitty stepped out of the Long Branch just as Newly led the dazed hill man past her and up the stairs to Doc's office.

"Doc," Kitty said stopping the physician as he walked by. "What happened?"

Doc shook his head before he spoke. "I left him alone for a moment and fell asleep, when I woke up, he was gone."

"Doc, I'm sorry," Kitty said quickly. "Newly asked, if I'd come sit with him so you could get some rest."

"It's not your fault Kitty," Doc replied quietly. "I'm the one who fell asleep."

"Well," Kitty said picking up her skirts. "I'm going up there right now and watch him so you can get some rest."

"It's alright," Doc said evenly. "Newly's there now."

"No it's not," Kitty retorted. "I'm going to Delmonico's to get you both something to eat and then your going to take a nap while I keep an eye on Festus."

"And your not going to take no for an answer are you?" Doc said swiping his mustache.

"You know me better than that, Curley," Kitty said calling the physician by his nickname.

The next morning, Doc found himself summoned to Judge Brooker's office along with Matt and Newly.

Doc was none to please to find Marshal Abbott present when they walked in.

"Doctor Adams," Brooker said looking up from his books. "Tell me how deputy Haggen is?"

"I can't tell you anything more Judge," Doc said as Brooker leaned back in his chair..

"I understand the deputy isn't getting any worse, Doctor Adams but he isn't getting any better either and now it's a possibility that he's a danger to the community," Brooker said thoughtfully. "My hands are tied, if he is a danger, he'll have to be committed."

"Wait," Doc said stepping forward. "Before you do that give me the chance to treat him first!"

"How," Brooker replied curiously. "You stated earlier, there was no treatment."

"That's true," Doc said quietly. "But there may be one thing that could bring him out of this shock and only one man that I'm confident in enough to try it. But, I'll need your help Judge to get him here and I think you owe it to Matt to give me the time before you sign any order to lock Festus away for the rest of his life!"

"That's what he needs," Abbott said angrily as Brooker looked thoughtful.

"Alright, Doctor," Brooker said evenly. "What can I do to help?"

"Galen," Herman said a few days later as Newly helped the white haired man from his horse in front of the jail. "It's so good to see you again!"

"Herman," Doc said swiping his mustache as he looked at Newly. "Did he give you any trouble?"

"Not a bit," Matt interjected climbing down from his horse. "Take him inside, Newly."

"Yes, sir," Newly replied leading the doctor away.

"I wasn't really in support of Doctor Schultz being granted a furlough from prison even to help Festus," Matt said with sigh. "And now I'm sure that it's not a good idea!"

"Why," Doc said looking up at the lawman. "What did he say?"

"Doctor Schultz wants a full pardon or he's not going to help Festus at all," Matt said angrily.

Doc turned on his heel and headed into the jail as Newly hung the keys to the cell's on the wooden peg.

"What's this I hear about a pardon," he asked as Herman nodded.

"You heard right," he said with s smug smile. "If you want me to help your simple minded deputy, then I want full pardon!"

"Simple minded," Doc fumed. "You knew before you came here that this was only going to be temporary, why did you agree to do it then?"

"Because," Herman replied confidently. "I was hoping to appeal to your sense of forgiveness Galen."

"Forgiveness," Doc muttered. "I'll talk to the judge. I can't promise anything but you have to help Festus regardless. Understand!"

"Perhaps," Herman said shrugging his shoulders. "But I would only like to do it if you talk to Judge."

"I will but no funny stuff," Doc said pointing a finger though the jail. "I won't hesitate to knock you on your butt again!"

"Of that, Galen," Herman said taking a step back. "I have no doubt."


	8. Chapter 8

Marshal Abbott tossed Newly's statement onto the table in front of the deputy before taking a seat directly across from him.

"You expect me to believe that!" he spat angrily.

"I don't expect you to believe anything but the truth and that is the truth," Newly replied as Matt crossed the room and stopped next to the table.

"Where you going with this Abbott," he asked crossing his arms.

Abbott met Matt's eyes before taking a piece of paper from his jacket. "I got this about an hour ago. Seems Mr. Carpenter is quite wealthy and not afraid to throw a little money around!"

"What's that supposed to mean," Newly replied standing up.

"How much did he offer you and the hill billy to let Dillard go?" Abbott growled as Newly looked at Matt.

"Money was never mentioned!"

"What about when Haggen went to talk to Carpenter alone," Abbott said standing up as Matt stepped between the two men. "It's in your statement that you weren't present when they talked!"

"Marshal Abbott," Matt said with a nod toward Newly. "I don't know what your insinuating but I've known Newly and Festus long enough to know that neither of them would ever take a bribe! And I'll stake my reputation on it!"

"I'm not insinuating anything, Dillion," Abbott said putting the telegram away. "I'll wager that Dillard isn't even dead, that he's alive and with Carpenter on his way to Mexico and that those two deputy's of yours let him go in exchange for money!"

"And Festus condition is what, an act?" Matt asked angrily meeting the Marshal's eyes.

"Perhaps," Abbott said chewing his cigar. "Or maybe the truth was to much for him to take and he cracked under the pressure!"

"Get out of my office!" Matt said grabbing the man by the back of his vest. "I've heard enough! If you think you got a case, then take it to the judge!"

"You'll be sorry for this Dillon," Abbott said as Matt ushered him out the door. "You just threw away your career. I'll take this to the Governor!"

"Good," Matt said tossing Abbott's hat out after him. "You do that!"

"Marshal, I'm sorry," Newly said as Matt closed the door.

"It's not your fault Newly," Matt said taking a deep breath.

"Marshal," Doctor Schultz said from his cell as Matt turned in frustration.

"What is it Doctor?" Matt asked harshly.

"If you will permit me to leave this cell, I'd like to help Festus now," Schultz said quietly.

"I haven't been able to talk to the Judge about your pardon," Matt said slightly confused.

"I leave that up to you," Schultz replied. "But in order to keep your two deputy's from facing charges, it's imperative that Festus was himself again, yes?"

"Well, it would help," Matt said with a nod. "That is, if you think you can bring him out of it."

"Certainly," Schultz said with a nod as Matt took the key from the wall and opened Herman's cell. "And I promise, no funny stuff!"

Doc looked up from his desk as Matt and Newly walked in with Schultz between them.

"What's this?" Doc said as Herman smiled.

"I've come to help Festus," Schultz said as Doc looked apprehensive.

"Did you get a pardon?" Doc asked looking at Matt.

"No," Matt said evenly. "He just offered to help him."

"What's the catch?" Doc said looking from Matt to Schultz.

"No catch, Galen," Herman said with a slight smile. "I heard the trouble the deputy's are in and I want to help."

Doc wasn't completely sure he could trust his old friend but he really didn't have much choice.

"Festus is in there," Doc said swiping at his mustache before he nodded toward his spare room. "But, I'm going with you!"

"Fine," Schultz said with a nod as he followed Doc into his spare room.

Kitty sat by the window reading aloud but stopped when Schultz and Doc walked in.

Festus laid on the bed, the only lamp in the room softly glowed next to him.

"He's been this way for several days," Doc said as the hill man's eyes remained open and fixed.

Schultz nodded before he spoke. "I'll need your pocket watch, Galen," he said quietly.

Doc pulled his pocket watch out of his vest and handed it to Herman before the white haired man took a seat beside the deputy.

"Festus," he said quietly. "It's Herman. Do you remember me?"

The hill man stayed just as he was which Doc half expected but half didn't knowing Festus previous distrust of Schultz.

"I was sorta hoping he'd remember me," Herman said with a slight shrug of his shoulders. "Makes no difference."

Doc watched as his old friend started to slightly swing his pocket watch side to side in front of the hill man's eyes as he spoke in gentle tones and just like the first time, Festus fell fast asleep.

"Now, listen to me, Festus," Schultz said softly. "You will no longer blame yourself for Jesse's death. You will accept that he's gone and what happened couldn't be avoided but you will remember the good times you had together."

Schultz looked up at Doc who nodded before the hypnotist continued. "You will sleep now all night and in the morning when you wake up, you won't remember any of this."

Snapping his fingers, Schultz stood up as Festus started to snore softly.

Kitty left the room first as Herman and Doc followed her.

"Your pocket watch, Galen," Schultz said handing the time piece back to Doc.

"How will we know if it worked?" Kitty asked.

"We won't till morning," Schultz replied evenly. "He'll sleep all night but in the morning, you'll know."

"Herman," Doc said quietly. "Thank you."

"Don't mention it," Schultz said slowly. "Besides, it's the least I could do."


	9. Chapter 9

After Matt and Newly took Herman back to the jail, Doc let Kitty go home before checking on Festus.

Finding the hill man still sound asleep, the physician tugged at his ear and shook his head before quietly shuffling to his own bedroom.

He figured it was a pretty sure bet that Festus would be himself by morning but he didn't totally trust Herman when he said, he had no other ulterior motive then just wanting to help.

On the street below, Marshal Abbott watched the two law men and the doctor return to the jail before deciding it was time to pay the deputy at the Doc's office a visit.

Matt opened the cell and took a step back as Herman stepped inside.

"I'll talk to the judge in the morning about the pardon," Matt said closing the cell.

"Thank you, Marshal," Schultz said with a nod. "I leave it up to you."

Matt locked the door and hung up the keys on the peg before turning to Newly.

"You should go home and get some sleep," Matt said evenly. "I'll be here."

"Alright, Marshal," Newly said putting his hat on. "If you need me, send for me."

Matt nodded as Newly left the jail and headed down the boardwalk toward his gunsmith shop but stopped when he seem a shadowy figure on Doc's landing.

"Who's there?" Newly said bounding up the stairs.

"Marshal Abbott," the man said stepping into the light. "What do you want, deputy?"

"I want to know, why your trying to get into Doc's place at this time of night?"

"The other deputy," Abbott said meeting Newly's eyes. "Why did you and Dillon take that man from the jail up there?"

"He's a Doctor," Newly said evenly. "We were hoping he could help Festus."

"And," Abbott asked quickly. "Did he?"

"We won't know till morning," Newly replied harshly. "Which is why you need to go back to the Dodge House and not bother Doc or Festus tonight!"

"You don't make the rules around here," Abbott said taking the cigar out of his mouth.

"He may not," Matt said coming up the stairs behind Newly. "But I certainly do!"

"Stay out of this, Dillon," Abbott said angrily. "Your interfering in a federal investigation!"

"I've had just about enough of your investigation, Marshal," Matt said brushing past Newly. "Tomorrow, I'll be sending a telegraph to the Marshal's office. We're going to settle this one way or another!"

"You do that," Abbott said heading down the stairs. "You let me know what they say!"

Matt watched the man leave before nodding at Newly. "Keep an eye on him, if he try's that again, I'm going to lock him up!"

"Yes, sir," Newly said following the man down the boardwalk as Matt went back to the jail.

Festus awoke the next morning and looked around a moment before realizing he was at Doc's. Sitting up, he looked around for his boots before swinging his legs off the bed.

Slightly confused, he couldn't remember how he'd ended up in the physician's spare room. Grabbing his boots, he slid them on before standing up to tuck his shirt into his trousers.

Walking toward the door of the bedroom, he eased it open and when he saw no one in Doc's office including the Doctor, he walked out hoping to make a quick getaway.

"Where do you think your going?" Doc said stepping out of his bedroom as the hill man turned around sheepishly.

"Wal, I was just gonna go down to the Long Branch for a cup of coffee," Festus said as Doc scoffed.

"And you weren't going to tell me you were leaving," Doc said angrily.

"Well, the truth is Doc," Festus said putting a hand on the back of his neck. "I don't rightly recollect why I'm here."

"Because you were exhausted last night," Doc said gently. "I talked you into staying, that's all."

"Oh," Festus said slowly. "Wal, I'll see ya later then."

"Wait," Doc said waving the hill man over to the chair next to his desk. "I want to talk to you a minute."

"Bout what," Festus said taking the seat.

"Well," Doc replied swiping at his mustache. "There's a Marshal in town by the name of Abbott and he's here to investigate the death of that Marshal you and Newly encountered."

"Halstead," Festus said with a dazed look. "What's he want ta know?"

"How it happened and how the convict got away," Doc said quietly. Afraid that Festus would revert back into the state of shock, he avoided using Jesse's name.

"Jesse," Festus replied absently running his hands along the rim of his hat.

"I heard from Newly, he was a friend of yours," Doc replied gently.

"A very good friend," Festus said with a slight smile. "We had some good times together, it's a shame you didn't get ta meet ol Jesse, Doc. You woulda liked him."

"I'm sure," Doc said with a nod. "We better go see Matt so you can tell him what happened with Jesse."

"Alright," Festus replied evenly. "But me and Newly, we didn't have any thing ta do with that Marshal's death or what happened with Jesse. There was a hotel clerk that gave Jesse a gun and shot him when he tried to escape, me and Newly did what we had to do as sworn deputies of the law."

"I know you did, Festus," Doc said patting the hill man's arm. "And Matt knows it to."


	10. Chapter 10

"Before we go see Matt," Doc said tugging at his ear. "There's a few things you should know."

"Like what?" Festus asked suspiciously before looking at Doc's front door.

"Hold on," Doc replied heading toward the door as someone knocked impatiently on the other side.

"Doctor," Marshal Abbott said pushing his way past the physician. "I've come to talk to the deputy!"

"And I told you," Doc said angrily. "I'm not letting you question him until he's ready!"

"You can't stop me," Abbott said handing Doc a paper. "This is from the governor, it's a warrant for the arrest of both deputy's."

"Warrant," Festus said standing up as Doc turned around.

"It's nothing Festus," Doc said stepping between the men. "Marshal Abbott's going to take this to Matt."

"Now why would I do that," Abbott said chomping on his cigar. "He ain't in no state of shock as you put it. He can come with me right now!"

"Doc," Festus said looking confused. "What's he talkin bout?"

"He's not going anywhere with you!" Doc replied adamantly!

"I figured it was an act," Abbott said snidely. "Now I know!"

"Look mister," Festus said angrily. "I don't know what yer jawing bout but me and Newly done everything that Marshal Halstead wanted us to do!"

"He wanted you to release the prisoner, did he?" Abbott said evenly. "I know he was your friend and you took advantage of that, didn't you?"

"That's enough, Marshal," Matt said stepping into Doc's office.

"You can't stop me Dillon," Abbott said snidely. "I have a warrant for his arrest."

"I know about your warrant!" Matt said angrily taking the Marshal's arm. "This isn't your jurisdiction. Judge Brooker already took over the case, it's out of the governor's hands."

"You can't do that," Abbott replied. "Those two lied and a Marshal died because of it!"

"You're right about one part of that," Matt said with a nod. "Halstead did die but not because of anything my deputy's did. And the hotel clerk confessed to his role and backed up the story Newly told about what happened. So it appears, you don't have much of a case which is what Judge Brooker has informed the Governor of and that means, I want you out of here on the next stage!"

"This isn't over, Dillon," Abbott yelled as Matt pushed him toward the front door of Doc's office.

"Doc," Festus said watching Matt and Marshal Abbott leave. "Is you gonna tell me what in tarnation is a going on."

"Yes," Doc said swiping at his mustache. "I think that I'm going to have to."

"Can I get you another beer, Festus," Kitty asked watching the hill man hungrily finish off a sandwich and beer.

"Much obliged, Miss Kitty," Festus said with a slight nod as Sam brought over another beer. "I can't remember when I've had something to eat and drink."

"That's because it's been days," Doc said walking up to the table with Doctor Schultz behind him.

"Nice to see you again, Festus," Herman said as Festus did a sideways glance.

"Doctor Schultz," Festus said distastefully before picking up his beer.

"Don't be rude," Doc said glaring at Festus. "Doctor Schultz was just about to leave on the evening stage."

"Sorry ta see him go," Festus said snidely.

"Don't worry about it, Galen," Herman said with a smile. "Festus is still mad at me from the first time we met. And he has every right to be!"

"Darn right," Festus groused. "But I guess I do owe you a thank you on account of what ya did for me."

"That's right," Doc replied quickly. "If it wasn't for him, you'd still be comatose."

"Coma...what?" Festus asked as Doc shook his head.

"Don't worry about it," he said drawing up a chair as Herman did the same.

"So," Kitty said with a smile. "What's your plans now that your a free man again."

"I haven't thought that far ahead but I do know that I plan on practicing medicine again," Schultz replied with a smile.

"Just not the mesmerization part, right?" Doc said as Herman nodded.

"I promised the judge that I would not!"

"Good," Doc replied before looking at Festus. "Of course in some instances, it would come in handy."

"You aught ta know," Festus said sliding back his chair. "I'm gonna get outa here before someone gets the idea in their head ta make me start crowing like a rooster again!"

Doc laughed as Kitty scoffed and swatted his arm. "Doc," she said angrily. "Don't even think about it!"

*Ending this here, RL is rearing its ugly head at the moment I'm dealing with a blown head gasket and searching for a new car! Talk about stress, seriously leaning toward a Honda, just so tired of having disposable cars ;) in the meantime, I'm busy thinking about my next story! :)*


End file.
